On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion with the U.S. Court of Appeals for the District of Columbia for voluntary remand of the case filed by Cherokee Concerned Citizens or review of an order for a new chemical substance under Section 5 of the Toxic Code Substances Control Act (TSCA). Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it would like to withdraw the order and reconsider the 18 premanufacture notices (PMNs) covered by the order. According to EPA, Cherokee Concerned Citizens does not oppose EPA's request for pretrial detention, but rather supports pretrial detention with release. The petitioner intends to file a response to EPA's request September 30, 2024.

In its application, the EPA states that it “'has doubts as to the correctness of its decision'” and requests that the order be remanded “so that it can 'reconsider its previous position.'” The EPA intends to Order to withdraw, reconsider and, if necessary, revise the provisions required by Section 5 of the TSCA. In its reconsideration, EPA will consider the issues raised in a 2023 document entitled “Chevron Waste Plastics Risk Summary and Characterization,” which was prepared after the regulation was signed, as well as other issues raised by the applicant.